LAWS(CHH)-2018-3-50

SURESH KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

Decided On March 16, 2018
SURESH KUMAR AGRAWAL Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner, who is a Surveyor / Civil Engineer and who has been authorised to work as a licensed Supervisor under Rule 26(9)(D) of the Chhattisgarh Bhumi Vikas Rules, 1984 (for short, 'the Rules of 1984'), has been blacklisted by the impugned order by the Municipal Corporation, Raipur on the ground that he has submitted the plans and related information for regularisation of two buildings in accordance with the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (for short, 'the Act of 2002') as amended in the year 2016.

(2.) Mr. Neeraj Choubey, learned counsel appearing for the petitioner, would submit that the impugned order of blacklisting is arbitrary and contrary to law. He would further submit that it is not a new application for permission for residential building, but it is an application for regularisation under the Act of 200 He would also submit that the order of blacklisting has been passed pursuant to the direction given by the District Regularization Committee on 17-1-2017 which is totally illegal and bad in law.

(3.) Mr. H.B. Agrawal, learned Senior Counsel appearing for the Municipal Corporation/respondents No.2 and 3, would support the impugned order and submit that the petitioner has acted beyond his authority granted under Rule 26(9)(D) of the Rules of 1984, therefore, he has rightly been directed to be blacklisted.